Facts
A. - a) Pastor X. and his wife supported each other in the pastoral work in the Protestant parish of A. They had a friendly relationship with the Z. family.
b) M. Z., the son of B. Z., had escaped from the Regensdorf penitentiary in 1981 after serving a prison sentence there for explosives offenses.
c) On December 3, 1989, a border guard was shot dead in A. Shortly afterwards, M. Z. appeared at the home of the X. spouses, where he remained for several hours until the spouses finally took him to a location he had specified.
Considerations
1. The Federal Court finds that the citizen has no general duty to report fugitive offenders to the criminal prosecution authorities or to provide the police with information about offenders and their whereabouts.
2. For a conviction of aiding and abetting under Art. 305 of the Swiss Criminal Code, an active act is required to remove the fugitive from the authorities' access for a certain period of time. Mere passive behavior is not sufficient, unless the person aiding and abetting has a duty of care.
3. The Federal Court denies the criminal liability of the…